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HomeMy WebLinkAboutMinutes - 7/17/2000 - Zoning Board of Appeals ZONING BOARD OF APPEALS JULY 17, 2000 CITY OF MCHENRY � 1N THE M.�TTER OF TI� APPLICATION OF ) Z-507 RUBLOFF DEVELOPMENT GROUP AND ) Rubloff/Meijer MEIJER S'CORES FOR A CONDITIONAL USE PERMIT } PURSUAIv T TO THE CITY OF MCHENRY ZONING ) Conditional Use ORDTNANCE MCHENRY COUNTY,ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on July 17, 2000. Chainna.n Semrow called the meeting to order at 7:35 p.m. The following were present: 1. Zoning Board Members: George Cadotte, Paula Ekstrom,Darick Franzen,John Howell, Chuck Lo�ett, Jon Meyer, Harry Semrow. Absent:None. 2. Attorney for Zoning Board: David W. McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. � 5. Petitioner: RubloffDevelopment Group, 2800 West Higgins Road Suite 205, Hoffinan Estates IL 60195 represented by James Loarie, Mark Robinson, and Robert Dunning. 6. Attorney for Petitioner: Joseph Gottemoller, 1 North Virginia Street,Crystal Lake, IL 60014. 7. Cit�r Council Members/Staff: Alderman Andrew Glab. 8. Court Reporter:None. 9. Registered ObserverslObjectors: Matt Wolter, 2104 Spring Creek Lane, McHenry, IL 60050 Herman and Dorothy Kathan, 2106 Spring Creek Lane, McHenry IL 60050 Cindy Anderson, 2100 Spring Creek Lane, McHenry IL 60050 John Wirfs, 417 Hill Road, McHenry TL 60050 Wayne Meling, 1108 E. O�cford, Arlington Heights, IL 60004 Joan Chase, 128 Crest Avenue, Elk Grove Village, IL 60007 Thomas Hoklas, 2102 Spring Creek Lane,McHenry IL 60050 Kathleen Toms, 2108 Spring Creek Lane, McHenry IL 60050 Martin Stoffel, 4014 W. McCullom Lake Road, McHenry IL 60050 NOTICE OF PUBLICATION Notice of this heaxing was published in the Northwest Herald on July l, 2000. Publisher's Certificate of �-- Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to abutting property owners. An affidavit of service via certified mailing is on file in the Office of the City Clerk. Page 2 Z-507/Rubloi�Meijer 7/17/00 � LOCATION The locatio*�of the subject property is west of Route 31, north of the McHenry Wal Mart. SUMMARY The Petitioners are requesting a conditional use permit to a.11ow the construction and operation of a Home Depot garden center with outdoor starage,a drive-through pharmacy, and an automobile service station. TESTIMONY Chairn�an Semrow swore in the following witnesses for the Petitioners: � James Loarie, Rubloff Development Group, 2800 W. Higgins Road Suite 205, Hoffman Estates, IL 60195; ■ Mark Robinson,Rublo�Development Group,6277 E. Riverside Blvd,Rockford,IL 61114; ■ Robert Dunning,Rubloff Developmern Group, 6277 E. Riverside Blvd,Rockford,IL 61114; ■ Jefl'rey Nance,Greenberg Farrow Architecture Engineering Development, 3455 Salt Creek Lane, Suite 100, Arlington Heights, IL 60005; ■ Steve Nixon, Woolpert LLP, 409 East Monument Avenue, Dayton, Ohio 45402; ■ Jeff Middlebrook, Meijer Inc., 2929 Walker NW, Grand Rapids, MI 49544; ■ Wayne Marth,Arcline Associa.tes,Ltd.,3025 Highland Parkway, Suite 140,Downers Gmve, [L 60515. Attorney Gottemoller opened his testimony by stating presentation would be made regarding City of �, McHenry Zoning Files: ■ Z-504 RubloffDevelopment Group 1 acre parcel Petitioner requesting C-5 Commercial Zoning upon annexation to City ■ Z-505 RubloffDevelopment Group/Mae King Farm 2.39 acre pazcel for roadway Petitioners requesting C-5 Commercial Zoning upon anne�tion to City ■ Z-506 Rubloff Development/Home Depot Conditional Use Permit: Outside Storage/Garden Center ■ Z-507 RubloffDevelopment/Meijer 5tores Conditional Use Permit: Outside Storage/Garden Center; Auto Service Center; Drive- through Pharmacy. Attorney Gottemoller noted the testimony reference each individual Petition is mter-related to the other ��— three Petitions. The testimony will therefore be presented as a whole, with independent recommendations for each request. Page 3 Z-507/Rubloff-Meijer 7/17/00 � Z-504 RUBLOFF DEVELOPMENT GROUP ONE-ACRE ANNEXATION WITH MAP AMENDMENT TO C-5 HIGHWAY COMMERCIAL Mr. Robins��n of RubloffDevelopment Group testified first for the Petitioners. He stated the Petitioners are requesting GS Highway Commercial Zoning for a one acre parcel located on the east side Route 31, as well as a 100-foot wide strip of land, comprised of 2.39 acres, which will be utilized to create a connecting roadway between the proposed RubloffDevelopment Shopping Center and McCullom Lake Road. The intent of the Petitioners is to create a second access point to the Shopping Center. The Petitioners would l�ce to obtain City approval so that ground can be broken for the development this Fall. Mr. Robinson stated the proposed anchors for the development are Kohl's Department Store, Meijer Store,Home Depot, in addition to several other smaller stores currently under negotiation. He stated the demographics study of the area indicates a great many of the sales tax dollars generated will come from shoppers coming to McHenry from the north. It is anticipated the annual retail sales taxes realized will be approximately$2,000,000 while annual real estate taxes will exceed $1.75 million. QUESTIONS BY MEMBERS OF THE BOARD In response to Howell's request for clarification, Mr. Middlebrook stated Meijer Stores are upscale grocery stores which provide a large selection of general merchandise,hardware,phazmaceuticals, etc. They subscribe to the one-stop shopping concept, similar to the Big K, Sam's Club or the larger WalMart Stores. Cadotte asked for clarification of the proposed development north and south of the proposed roadway connection to McCullom Lake Road. Attorney Gottemoller responded there is not development L, proposed at the present time. However,the City of McHenry Comprehensive Plan indicates commercial development to the north and south of the roadway. He noted only the portion of the Mae King Farm to be utilized as the roadway would be annexed at this time. The roadway will exit onto McCullom Lake Road across from the Olde Mill Ponds Subdivision detention pond, approxirnately 200' northwest of the King Fann barn on McCullom Lake Road. Attorney Gottemoller stated the one-acre parcel of land which is the subject of file no Z-504 is surrounded by C-5 Highway Commercial Zoning in the City of McHenry. This parcel of land is currently not within the corporate limits. He noted the Comprehensive Plan indicates this property should be developed as part of the commercial corridor of the City. Attorney Gottemoller went over the Approval Criteria for Map Amendments as stated in the Petition with regazd to the one-acre parcel referenced in file no Z-504. Z-505 RUBLOFF DEVELOPMENT GROUP/MAE KING FARM 2.39 ACRE ANNEXATION WITH MAPA AMENDMENT TO C-5 HIGHWAY COMMERCIAL TO BE USED AS ROAD Attorney Gottemoller stated the parcel of land referenced in file no. Z-505 would be utilized as a roadway connection between the proposed Rubloff Development Groups shopping center and McCullom Lake Road. T'he land is a 100' wide strip consisting of approximately 2.39 acres. Because the road would connect commercial development to McCullom Lake Road, it seems appropriate to request C-5 Commercial Zoning. Mr. Gottemoller noted the land north and south of the road will remain agricultural at this time. � Attorney Gottemoller went over the Approval Criteria for Map Amendments as stated in the Petition with regard to the 2.39 acre pazcel referenced in file no. Z-505. Page 4 Z-507/Rubloff-Meijer 7/17/00 � QUESTIOI�S BY MEMBERS OF THE BOARD Cha.irman Semrow noted if the majority of the shoppers coming to this center are coming to McHenry from the north as previously stated, how would this roadway be beneficial to the City. Mr. Robinson responded Home Depot and Meijer Stores location in this Shopping Center is contingent upon this access point to the center being granted. Mr. Loarie stated the roadway would help with traffic flaw in the area anct provide an exit from the rear of the shopping center onto McCullom Lake Road. This, in turn, would alleviate some traffic congestion on Route 31 which could result from this development. Howell, referencing the Agenda Supplement, noted Sta�s preference to retain Estate Zoning for the roadway. He asked if the Petitioner would be agreeable to retaining Estate Zoning upon annexation of the 2.39 acre parcel. Attorney Gottemoller responded the Petitioner would be agreeable provided there were no complications with permitting the roadway to be constructed on the Estate Zoned property. It is also imperative that traffic on the new roadway not be restricted 'm any way, such as prohibiting truck traffic. Cadotte ex��ressed concern regarding the possbility of residents u�l"'ng the roadway as a cut-through to get to the shopping center from various subdivisions. He stated he couid envision residents coming from Lakeland Park through M�l Creek and Olde Mill Ponds to get to the shopping center. This could cause problems with increased traffic in residential subdivisions. Meyer opined the traffic at the intersection of McCullom Lake Road and the proposed access roadway could present similar problems to those experiences at the WalMart exist onto McCuliom Lake Road. �, Semrow stated Orleans Street has been the subject of Council discussion on various occasions and is currently limited as to truck traffic. He opined the proposed roadway could exacerbate the problems experienced on Orleans Street. Ekstrom asked if there would be left-turn lanes. Mr. Loarie responded the intersection would be signalized and McCullom Lake Road woutd be widened to two through L�nes and a left turn lane. The signal will be provided at the developer's expense. Lovett inquired as to the hours of operation of Meijer Store. Mr. Middlebrook responded Meijer is a 24-how/day operation Lovett asked when deliveries would be made to the Meijer Store. Mr. Middlebrook stated there would be approximately 3-5 deliveries per day via semi truck. Three of those deliveries would be made between the hours of 7 a.m. and 10 p.m. with the remainder late at night. Cadotte ask ed if additional lar�scaping could be provided to buffer the residential subdivision from the traffic lights and commercial development. Mr. Loarie stated the developers would meet or exceed all landscape and screening requirements. QUESTIONS BY OBSERVERS AND/OR OBJECTORS Hern�an Kathan,2106 Spring,Creek Lane:Mr. Kathan asked what will be done to prevent lights shining from traffic on his home which is across McCullom Lake Road from the proposed intersection. He expressed concern due to the increased traf�c on McCullom Lake Road. Mr. Loazie responded the developers could build a small berm to help shield automobile lights on abutting residences. The developers aze aware of the adjacent residential subdivision and aze willing to assure they will not be negatively impacted by the traffic lights. � Matt Wolter, 2104 Spring Creek Lane: Mr. Wolter inquired if the entrance onto McCullom Lake Rod could be m��ved closer to Petersen Park, i.e. west of the proposed access by the Olde Mill Ponds Page 5 Z-507/Rublo�Meijer 7/17/00 � detention pond. Attorney Gottemoller responded initially the roadway was projected further west. However, land could not be procured west of the proposed site. It would be impossible to relocate the access point further west. Dorothy Kathan 2106 Spring Creek Lane: Ms.Kathan stated her concern regarding potential noise and light pollution, as well as semi-truck traffic on McCullom Lake Road which would be generated as a result of this commercial development. She asked what the developers could do to alteviate these concems. T�tr. Loarie responded the light and noise pollution would be addressed through additional landscaping which would help to shield the residents. The developers are willing to contract for a landscape azchitect who will address these issues. He noted when the McCullom Lake Road improvements, the developers will look at ways to buffer the abutting residential properties. Meyer asked if the developers would be willing to restrict the road traflic so that semis are not pernutted. Attorney Gottemoller stated the Petitioners do no want to do anything to restrict the volume of traffic on McCullom Lake Road and/or the roadway extension to the rear of the shopping center. If there were some type of volurrie restriction,it would be impossible to meet tra�c wazrants for a traffic signal at this location. The installation of a traffic signal is vitai. Z-506 RUBLOFF DEVELOPMENT GROUP/HOME DEPOT CONDITIONAL USE PERMIT TO ALLOW OUTSIDE STORAGE Mr.Nance testified on behalf of Home Depot. He noted the highest volume of traffic and sales generated by Home Depot is in the spring and summer seasons. The vast amount of remodeling and home improvement projects take place during this time. He informed the Board Home Depot specializes in �,,, home irnprovement supplies,lumber and gazdening products,including plantings and other gazden center items. The garden center requires an open display of seasonal products. T'he area of the garden center seasonal display is approximately 7,000 square feet. Attorney Gottemoller went over the Approval Criteria for Conditional Uses as stated in the Petition regazding the proposed outdoor storage for file no. Z-506. QUESTIONS BY MEMBERS OF THE BOARD Lovett inquired if the conditional use were granted, would Home Depot annually expand its garden center into the pazking lot azea?Mr.Nance responded the size of the seasonal display area is adequate for the needs of the store and all outside display andlor storage would be done within the specified area denoted on the site plan. Semrow opined the safety of pedestrian customers is of concern to him as the outside display area is adjacent to the truck docks for both Home Depot and Meijer Store. While facing the truck docks of both stores toward each other is a good idea, the safety of pedestrian in this area must be addressed. Mr. Nance stated there is an elevation grade change between the outside seasonal display area and the truck docks, which are actually below grade. He does not believe there will be a safety issue. Hvwell asked if Home Depot would be willing to exceed landscape requirements in order to properly and effectively screen the store from the west property line. Mr.Nance responded in the affirn�ative. `.. Ekstrom inquired if there was an entrance to the Meijer Store in the vicinity of t�ie drive-through pharmacy window. Mr. Middlebrook stated there is no entrance close to the drive-through window. Page 6 Z-507/Rubloff-Meijer 7/17/00 � Z-507 RUBLOFF DEVELOPMENT GROUP/MEIJER STORES CONDITIONAL USE PERMIT l�'OR OUTSIDE STORAGE. DRIVE-THROUGH PHARMACY, AUTOMOBILE SERVICE STATION Mr. Middlebrook testified on behalf of Meijer Stores. He stated Meijer Stores provide an upscale grocery store which sells groceries, housewares, garden center products, soft and hard line general merchandisc, small appliances, etc. He noted the building would be constructed of precast concrete. Meijer Stores are requesting a conditional use permit to allow the construction and operation of the following: � Outside storage for the seasonal and gazden center goods ■ Drive-through pharinacy ■ Automobile service station. Mr. Middlebrook noted the gazden center sales would take place in the display area. In response to an inquiry,he noted the traffic pattern for the drive-through phannacy would be in a clockwise direction. Customers would enter the site,pass through the drive-in window and exit to the right,circulating back to the main entrance onto Route 31. Mr. Middlebrook stated the company anticipates approximately 20 users of the drive-through facility when the store first opens. That nutnber will increase as customers become more adjusted to this newer type service. QUESTIONS BY MEMBERS OF THE BOARD Franzen asked if the azea between Meijers Store and Home Depot could be posted"Do Not Enter"to �, deter traffic from entering the truck dock areas. Mr. Nixon responded there is a 4' grade dii�erence between the drive-through window and the truck loading docks. Mr.Middlebmok stated Meijer would not want to prolubit those customers who live in Olde Mill Ponds,for instance,from using the secondary access point. If through traffic was prolu�bited,these residents would not be able to return to their home via the connecting roadway. This would defeat the purpose of the connecting road. Ekstrom asked the width of the alleyway along the west side of the buiidings. Mr. Nixon responded it is approximately 20' which is required for emergency access. Lovett inquired if adequate stacking room has been provided for the drive-through phat7nacy. Mr.Nixon stated the Petitioner will comply with ordinance requirements. In response to Chairman Semrow's inquiry, Mr. Gottemoller stated the automobile service station/convenient store will be approximately 2,400 square feet in area. The facility will sell propane in addition to gasoline and associa.ted products. Semrow asked if the Petitioner was intending to sell alcoholic beverages. Mr. Middlebrook stated this is not anticipated. Franzen asked if storm water detention azeas shown on the site plan would be adequate. Mr. N�on stated the project has nat been completely engineered at this time. This is a concept plan which is being presented this evening. If greater or more detention areas are needed the developers will comply with what the city specifies. He noted some of the detention azeas shown on the site plan may be dry. �. Page 7 Z-507/Rublof�Meijer 7/17/00 Howell asked if the Petitioner would be willing to ex�ceed the required landscaping to assist in screening � the commercial development from the properties to the west. Mr. Middlebrook responded in the affirmative. In response to Board inquiry,Mr. Gottemoller stated the developers will fvllow all Illinois Envirnrnental Protection Agency requirements regarding the safe storage of gasoline,the installation of tanks, etc. He then went over the Approval Criteria for Conciitiona.l Uses as stated in the Petition regarding file no. Z- 507. Chairman Semrow asked the distance between the Mobil Service Station and the proposed Meijer Service Station. Mr. Nixon responded approximately 900-1000 feet. Meyer asked if any variances would be required to accommodate the convenient store. Attorney Gottemoller responded the Petitioners are not seeking any variance from the code. In response to Boazd inquiry, it v��as noted the trash receptacle will be screened at the convenient store/automobile service center. Trash collection will be contained intemally at both Home Depot and Meijer Store. Chaim�an Semrow asked if the two ernries onto Route 31 from the shopping center would be signalized. Attorney Gottemoller responded there would be two traffic signals installed on Route 31, pending Illinois Department of Transportation approval. Mr.Nixon indicated there would be approximately 660' between the two traffic lights, if approved. It is proposed to improve Route 31 with five traffic lanes: two northbound through lanes, two southbound through lanes, plus a left turn lane. In response to Lovett's inquiry,Mr. Loarie stated approxunately 25%of the shopping center business would enter the � site from McCullom Lake Road. CLOSING STATEMENTS BY OBJECTORS Chairma.n Semrow swore in the following Objectors prior to their statements being made. Cindy Anderson, 2100 Sprin� Creek Lane. McHenry IL 60050: "I'm for this developrnent. If the Petitioners don't care wha.t the road is zoned—I do care. When I bought my home in 1999 , this land was not designated as future commercial. If the City chooses to zone this roadway CS Highway commercial, it will set a precedent. Prior to buying our home I inquired with the City if there was any plan for commercial development here. I was told there was not. Now the Comprehensive Plan is changed and commercial is planned for this area. The light and noise pollution will be evident all along the roadway not just at the traffic signal. I would prefer the developers install pine trees along the road in order to properly screen the traffic noise and lights from the adjacent residents." Herman Kathan.2106 Spring,Creek Lane,McHenry IL 60050: "I agree with Ms. Anderson's statement. There will be too much traffic created by this development. If 25% of the business comes from the McCullom Lake Road access point, it only stands to reason the traffic on McCullom Lake Road by our house will also increase 25%. The King Farm is agricultural.I am happy with that. I am not happy with C-5 Commercial Zoning." � Page 8 Z-507/Rubloff-Meijer ?/17/00 ,� CLOSING STATEMENT BY PETITIONERS Attomey Gottemoller summarized the requests for relief before the Boazd as follows: ■ 7-504: The Petitioners are requesting simple reclassification to C-5 Highway Commercial Zoning upon annexation to the City of a one-acre parcel. This is a straight-forwazd request for a map amendment. • L-505: The Petitioners are requesting reclassification to C-5 Highway Commercial Zoning Por the 2.39-acre parcel to be utilized as a roadway access to the shopping center from McCullom Lake Road. As a practical matter, the Petitioners aze seeking to annex this land and use it as a roadway. The Petitioner has shown that access to the development is required by both Home Depot and Meijers Store in order for this development to move forwazd. It is not critical that the property be zoned G5. It is critical that whatever zoning is granted, a roadway be permitted. ■ Z-506: The Petitioners are requesting a conditional use permit to allow the construction and operation of a Home Depot gazden center with outdoor storage of materials and merchandise. ■ Z-507: The Petitioners aze requesting a conditional use permit to allow the construction and operation of a Meijers Store garden center with outdoor storage of materials and merchandise, a drive-through phazmacy, and an automobile service center. Attorney Gottemoller asked the Board to consider each file number independently. He respectfully asked the Board to make recommendations to the City Council that these Petitions be granted. � Cha.irman Semrow said, "there being no further testimony before the Board with regard to this matter, the Board will consider this Petition at this time, unless there is a motion to recess by a member of the Board. There being no motion to recess,the Chair will entertain a motion with rega.rd to this Petition." DELIBERATION AND RECOMMENDATION Chairman Semrow asked if the developers would be willing to work with area residents to assure relief from the potential increased traffic irnpact of light and noise. Attorney Gottemoller stated the Petitions would work with Sta�and the neighbors to minunize the im�act. Howell asked if the developers would consider planting mature pine trees along McCullom Lake Road to assist with screening and buffering. Mr. Loarie responded the developers will work with the City to find an approved landscape plan, including landscaping along McCullom Lake Road. Motion by Lovett, seconded by Franzen, to recommend to the City Council that The Petitioner's request for a conditional use pernut to allow the construction and operation of a Home Depot garden center with outdoor storage be granted subject to the berming and landscaping of the west property line to screen the development from adjacent residential properties;that a conditional use permit to allow a drive-through pharmacy be granted;that a conditional use permit to allow an automobile service station be granted;and that Table 31, the Approval Criteria for Map Amendmerrts,pages 357-358 of the Zoning Ordinance has been met. Voting Aye: Cadotte, Ekstrom,Franzen,Howell, Lovett,Meyer, Semrow. Voting Nay: None. Not Voting: None. � Abstaining: None. Absent: Meyer. Motion carried 7-0. Page 9 Z-5071Rubloff-Meijer � 7/17/00 ADJOURNMENT Motion by}3owell, seconded by Ekstrom,to adjourn the Public Hearing. Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Lovett,Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The Hearing was adjourned at 10:08 p.m. Respectfully submitt d, Harry Se w, Chairn�an Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z � Zoning File, Landmazk Commission Chairmati,Northwest Herald, The Sun, File Copy.Z-507 � ZONING BOARD OF APPEALS JULY 17,2000 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-506 RUBLOFF DEVELOPMENT GROUP AND ) Rublof�/Home Depot H4ME DEPOT FOR A CONDITIONAL USE PERNIIT ) PURSUANT TO THE CITY OF MCHENRY ZOrTING } Conditional Use ORDINANCE MCHENRY COUNTY,ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on July 17, 2000. Chauman Semrow called the meeting to order at 7:35 p.m. The following were present: 1. Zoning Board Members: George Cadotte,Pau1a Ekstrom,Darick Franzen,John Howell, Chuck Lovett, Jon Meyer, Harry Semrow. Absent:None. 2. Attorney for Zoning Board: David W. McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. �. 5. Petitioner: RubloffDevelopment Group, 2800 West Higgins Road Suite 205, Hoffman Estates IL 60195 represented by James Loarie, Mark Robinson, and Robert Dunning. 6. Attomey for Petitioner: Joseph Gottemoller, 1 North Virginia Street, Crystai Lake,IL 60014. 7. City Council Members/Staff: Alderman Andrew Glab. 8. Court Reporter:None. 9. Registered Observers/Objectors: Matt Wolter, 2104 Spring Creek Lane, McHenry, IL 60050 Herman and Dorothy Kathan, 2106 Spring Creek Lane, McHenry IL 60050 Cindy Anderson, 2100 Spring Creek Lane, McHenry IL 60050 John Wirfs, 417 Hill Road, McHenry IL 60050 Wayne Meling, 1108 E. Oxford, Arlington Heights, IL 60004 Joan Chase, 128 Crest Avenue, Elk Grove Village, IL 60007 Thomas Hoklas, 2102 Spring Creek Lane, McHenry IL 60050 Kathleen Toms, 2108 Spring Creek Lane, McHenry IL 60050 Martin Stoffel, 4014 W. McCullom Lake Road, McHenry IL 60050 NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on July l,2000. Publisher's Certificate of `- Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to abutting property owners. An affidavit of service via certified mailing is on file in the Office of the City Clerk. Page 2 Z-506lRubloff-Home Depot 7/17/QO � LOCATION The location of the subject property is west of Route 31, north of the McHenry Wal Mart. SUMMARY The Petitio ners are requesting a conditional use permit to allow the construction and operation of a Home Dep��t garden center with outdoor storage. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: ■ James Loarie, Rubloff Development Group, 2800 W. Higgins Road Suite 205, Hof�man Estates, IL 60195; ■ Mark Robinson,RubloffDevelopmerrt Group, 6277 E. Riverside Blvd,Rockford, IL 61114; ■ Robert Dunnmg,Rubioff Development Group,6277 E. Riverside Blvd,Rockford,IL 61114; ■ Jeffrey Nance, Greenberg Farrow Architecture Engineering Development, 3455 Salt Creek Lane, Suite 100, Arlington Heights, IL 60005; ■ Steve Nixon, Woolpert LLP, 409 East Monument Avenue, Dayton, Ohio 45402; ■ JeffMiddlebrook, Meijer Inc., 2929 Walker NW, Grand Rapids, MI 49544; ■ Wayne Marth,Arcline Associates, Ltd.,3025 Highland Parkway, Suite 140,Downers Grove, IL 60515. Attorney Gottemoller opened his testimony by stating presentation would be made regarding City of McHenry Zoning Files: � � Z-504 RubloffDevelopment Group 1 acre parcel Petitioner requesting C-5 Commercial Zoning upon annexation to City ■ 7-505 RubloffDevelopment Group/Mae King Farm 2.39 acre parcel for roadway Petitioners requesting C-5 Commercial Zoning upon annexation to City ■ 7-506 RubloffDevelopment/Home Depot Conditional Use Pernut: Outside Storage/Garden Center ■ T-507 RubloffDevelopment/Meijer Stores Conditional Use Permit: Outside Storage/Garden Center; Auto Service Center; Drive- through Pharmacy. Attorney Gotternoller noted the testimony reference each individual Petition is inter-related to the other three Petitions. The testimony will therefore be presented as a whole, with independent `-- recommendations for each request. Page 3 Z-506/Rublof�Home Depot 7/17/00 Z-504 RUBLOFF DEVELOPMENT GROUP ONE-ACRE ANNEI�ATION WITH MAP � AMENDMENT TO C-5 HIGHWAY COMMERCIAL Mr. Robinsc�n of Rubloff Development Grroup testified first for the Petitioners. He stated the Petitioners are requesting C-5 Highway Commercial Zoning for a one acre parcel located on the east side Route 3 l, as well as a 100-foot wide strip of land, comprised of 2.39 acres,which will be utilized to create a connecting roadway between the proposed RubloffDevelopment Shopping Center and McCullom Lake Road. The intent of the Petitioners is to create a second access point to the Shopping Center. The Petitioners would like to obtain City approval so that ground can be broken for the development this Fall. Mr. Robinson stated the proposed anchors for the development are Kohl's Department Store, Meijer Store,Home Depot,in addition to several other smaller stores currently under negotiation. He stated the demographics study of the area indicates a great many of the sales tax dollars generated will come from shoppers coming to McHenry from the north. It is anticipated the annual retail sales taxes realized will be approximately$2,000,000 while annual real estate taxes will exceed $1.75 million. QUESTIONS BY MEMBERS OF THE BOARD In response to Howell's request for clazification, Mr. Middlebrook stated Meijer Stores aze upscale grocery stores which provide a large selection of general merchandise,hardware,pharmaceuticals, etc. They subscribe to the one-stop shopping concept, similar to the Big K, Sam's Club or the larger WalMart Stores. Cadotte asked for clarification of the proposed development north and south of the proposed roadway connection to McCullom Lake Road. Attorney Gottemoller responded there is not development proposed at the present time. However,the City of McHenry Comprehensive Plan indicates commercial �. development to the north and south of the roadway. He noted only the portion of the Mae King Farm to be utilized as the roadway would be annexed at this time. The roadway will exit onto McCullom Lake Raad across from the Olde Mill Ponds Subdivision detention pond, approximately 200' northwest of the King Fazm bam on McCullom Lake Road. Attorney Gottemoller stated the one-acre pazcel of land which is the subject of file no Z-504 is suirounded by C-5 Highway Commercial Zoning m the City of McHenry. This parcel of land is currently not within the corporate limits. He noted the Comprehensive Plan indicates this property should be developed as part of the commercial comdor of the City. Attorney G�ttemoller went over the Approval Criteria for Map Amendments as stated in the Petition with regazd to the one-acre pazcel referenced in file no Z-504. Z-505 RUBLOFF DEVELOPMENT GROUP/MAE KING FARM 2.39 ACRE ANNEXATION WITH MAPA AMENDMENT TO C-5 HIGHWAY COMMERCIAL TO BE USED AS ROAD Attorney Gottemoller stated the parcel of land referenced in file no. Z-505 would be utilized as a roadway connection between the proposed Rubloff Development Groups shopping center and McCullom Lake Road. The land is a 100' wide strip consisting of appro�cimately 2.39 acres. Because the mad would connect commercial development to McCullom Lake Road, it seems appropriate to request C-5 Comrr�ercial Zoning. Mr. Gottemoller noted the land north and south of the road will remain agricultural at this time. `- Attorney Gottemoller went over the Approval Criteria for Map Amendments as stated in the Petition with regazd to the 2.39 acre parcel referenced in file no. Z-505. Page 4 Z-506/Rubloff-Home Depot '7/17/00 QUESTIONS BY MEMBERS OF THE BOARD �, Chairn�an Semrow noted if the majority of the shoppers coming to this center aze coming to McHenry from the north as previously stated, how would this roadway be beneficial to the City. Mr. Robinson responded Home Depot and Meijer Stores location in this Shopping Center is contingent upon this access point to the center being granted. Mr. Loarie stated the roadway would help with traffic flow in the azea and pmvide an e�cit from the reaz of the shopping center onto McCullom Lake Road. This, in turn, would alleviate some traffic congestion on Route 31 which could result from this development. Howell, refcrencing the Agenda Supplement, noted Stai�s preference to retain Estate Zoning for the roadway. He asked if the Petitioner would be agreeable to retaining Estate Zonmg upon annexation of the 2.39 acre parcel. Attomey Gottemoller responded the Petitioner would be agreeable provided there were no complications with permitting the roadway to be consh�ucted on the Estate Zoned property. It is also imperative that traffic on the new roadway not be restricted in any way, such as prolubi#ing truck traf�c. Cadotte expressed concern regarding the possbility of residents utilizing the roadway as a cut-through to get to the shopping center from various subdivisions. He stated he could envision residents coming from Lakeland Park through Mill Creek and Olde Mill Ponds to get to the shopping center. This could cause problems with increased traffic in residential subdivisions. Meyer opined the traffic at the intersection of McCullom Lake Road and the proposed access roadway could present similar problems to those experiences at the Wa1Mart e�cist onto McCullom I.a1ce Road. Semrow stated Orleans Street has been the subject of Council discussion on various occasions and is � currently limited as to truck tra�c. He opined the proposed roadway could exacerbate the problems experienced on Orleans Street. Ekstrom asked if there would be left-turn lanes. Mr. Loarie responded the intersection would be si ali�ed and McCullom Lake Road would be widened to two through lanes and a left turn lane. The signal will be provided at the developer's expense. Lovett inquired as to the hours of operation of Meijer Store. Mr. Middlebrook responded Meijer is a 24-hour/da� operation. Lovett asked when deliveries would be made to the Meijer Store. Mr. Middlebrook stated there would be approximately 3-5 deliveries per day via semi truck. Three of those deliveries would be made between the hours of 7 a.m. and 10 p.m. with the remainder late at night. Cadotte asked if additional landscaping could be provided to buffer the residential subdivision from the traffic lights and cominercial development. Mr. Loarie stated the developers would meet or exceed all landscape and screening requirements. QUESTIONS BY OBSERVERS AND/OR OBJECTORS Hern�an Kathan,2106 Spring Creek Lane:Mr. Kathan asked what will be done to prevent lights shining from trai�c on his home which is across McCullom Lake Road from the proposed intersection. He eacpressed concern due to the increased traffic on McCullom Lake Road. Mr. Loarie responded the deveiopers could build a small berm to help shield automobile lights on abutting residences. The developers aze aware of the adjacent residential subdivision and are willing to assure they will not be negatively impacted by the traffic lights. �-- Matt Wolter, 2104 Spring, Creek Lane: Mr. Wolter inquired if the entrance onto McCullom Lake Rod could be moved closer to Petersen Pazk, i.e. west of the proposed access by the Olde Mill Ponds Page 5 Z-506/Rubloff-Home Depot 7/17/00 detention pond. Attorney Gottemoller responded initially the roadway was projected further west. �,, However, land could not be procured west of the proposed site. It would be impossible to relocate the access point further west. Dorothv Kathan, 2106 Spz�ing Creek Lane: Ms. Kathan stated her concern regarding potential noise and light pollution, as well as semi-truck traffic on McCullom Lake Road which would be generated as a result of this commercial development. She asked what the developers could do to alleviate these concems. ATr. Loarie responded the light and noise pollution would be addressed through additional landscaping which would help to shield the residents. The developers are willing to contract for a la.ndscape <�rchitect who will address these issues. He noted when the McCullom Lake Road improvements, the developers will look at ways to buffer the abutting residential properties, Meyer asked if the developers would be willing to restrict the road tra�c so that semis are not permitted. Attorney Gottemoller stated the Petitioners do no want to do anything to restrict the volume of trai�c on McCullom Lake Road and/or the roadway extension to the reaz of the shopping center. If there were some type of volume restriction,it would be irnpossible to meet traffic warrants for a tra�'ic signal at this Iocation. The installation of a traffic signal is vital. Z-S46 RUBLOFF DEVELOPMENT GROUP/HOME DEPOT CONDITIONAL USE PERMIT TO ALLOW OUTSIDE STORAGE Mr. Nance testified on behalf of Home Depot. He noted the highest volurr�e of tra�ic and sales generated by Home Depot is in the spring and summer seasons. The vast amount of remodeling and home improvement projects take place during this time. He informed the Board Home Depot specializes in ho�improvement supplies,lumber and gardening products,includ'mg plantings and other garden center �... items. Tne garden center requires an open display of seasonal products. The area of tk�e garden center seasonal display is approacimately 7,000 square feet. Attorney Gottemoller went over the Approval Criteria for Conditional Uses as stated in the Petition regarding the proposed outdoor storage for file no. Z-506. QUESTIO KS BY MEMBERS OF THE BOARD Lovett inquired if the conditional use were granted, would Home Depot annually expand its garden center into the parking lot azea?Mr.Nance responded the size of the seasonal display area is adequate for the needs of the store and all outside display and/or storage would be done within the specified area denoted on the site plan. Semrow opined the safety of pedestrian customers is of concern to him as the outside display area is adjacent to the truck docks for both Home Depot and Meijer Store. While facing the truck docks of both stores toward each other is a good idea, the safety of pedestrian in this azea must be addressed. Mr. Nance stated there is an elevation grade change between the outside seasonal display azea and the truck docks, which are actually below grade. He does not believe there will be a safety issue. Howell asked if Home Depot would be willing to exceed landscape requirements in order to properly and effectively screen the store from the west property line. Mr.Nance responded in the affumative. Ekstrom inquired if there was an entrance to the Meijer Store in the vicinity of the drive-through `-- pharmacy window. Mr. Middlebrook stated there is no entrance close to the drive-through window. Page 6 Z-506/Rubloff-Home Depot 7/17/00 � Z-507 RUBLOFF DEVELOPMENT GROUP/MEIJER STORES CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE, DRIVE-THROUGH PHARMACY, AUTOMOBILE SERVICE STATION Mr. Middlebrook testified on behalf of Meijer Stores. He stated Meijer Stores provide an upscale grocery store which sells groceries, housewares, garden center products, soft and hard line general merchandise, small appliances, etc. He noted the building would be constructed of precast concrete. Meijer Stores are requesting a conditional use permit to allow the construction and operation of the following: ■ Outside storage for the seasonal and garden center goods • Drive-through pharmacy ■ Automobile service station. Mr. Middlebrook noted the garden center sales would take place in the display area. In response to an inquiry,he noted the traffic pattern for the drive-through pharmacy would be in a clockwise direction. Customers would enter the site,pass through the drive-in window and exit to the right, circulating back to the main entrance onto Route 31. Mr. Middlebrook stated the company anticipates approximately 20 users of the drive-through facility when the store first opens. That number will increase as customers become more adjusted to this newer type service. QUESTIONS BY MEMBERS OF THE BOARD Franzen asked if the area between Meijers Store and Home Depot could be posted"Do Not Enter"to deter traffic from entering the truck dock azeas. Mr. Nixon responded there is a 4' grade difference �- between the drive-through window and the truck loading docks. Mr. Middlebrook stated Meijer would not want to prohibit those customers who live in Olde Mill Ponds,for instance,from using the secondary access point. If through traffic was prohibited,these residents would not be able to return to their home via the connecting roadway. This would defeat the purpose of the connecting road. Ekstrom asked the width of the alleyway along the west side of the buildings. Mr. Nixon responded it is approximateiy 20' which is required for emergency access. Lovett inquired if adequate stacking room has been provided for the drive-through pharmacy. Mr. Nixon stated the Petitioner will comply with ordinance requirements. In responsc; to Chairman Semrow's inquiry, Mr. Gottemoller stated the automobile service station/convenient store will be approximately 2,400 square feet in area. The facility will sell propane in addition to gasoline and associated products. Semrow asked if the Petitioner was intending to sell alcoholic beverages. Mr. Middlebrook stated this is not anticipated. Fra.nzen asked if storm water detention areas shown on the site plan would be adequate. Mr. Nixon stated the project has not been completely engineered at this time. This is a concept plan which is being presented this evening. If greater or more detention areas are needed the developers will comply with what the city specifies. He noted some of the detention areas shown on the site plan may be dry. � Page '7 Z-506/Rubloff-Home Depot 7/17/00 Howell asked if the Petitioner would be willing to exceed the required landscaping to assist in screening the commercial development from the properties to the west. Mr. Middlebrook responded in the � affirmative. In response to Board inquny,Mr. Gottemoller stated the developers will follow all Illinois Envirnmental Protection Agency requirements regard'mg the safe storage of gasoline,the installation of tanks,etc. He then went c►ver the Approval Criteria for Conditional Uses as stated in the Petition regarding file no. Z- 507. Chairman Semrow asked the distance between the Mobil Service Sta.tion and the proposed Meijer Service Station. Mr. Nixon responded approximately 900-1000 feet. Meyer asked if any varia.nces would be required to accommodate the convenient store. Attorney Gottemoller responded the Petitioners are not seeking any variance from the code. In response to Board inquiry, it was noted the trash receptacle will be screened at the convenient store/automobile service center. Trash collection will be contained internally at both Home Depot and Meijer Store. Chairinan Semrow asked if the two entries onto Route 31 from the shopping center wouid be signaliz�. Attorney Gottemoller responded there would be two traffic signals installed on Route 31, pending Illinois Department of Transportation approval. Mr.Nixon indica.ted there would be approximately 660' between the two traffic lights, if approved. It is proposed to improve Route 31 with five traffic Ianes: two northbound through lanes, two southbound through lanes, plus a left turn lane. In response to Lovett's inquuy,Mr. Loarie stated appmxunately 25% of the shopping center business would enter the site from McCullom Lake Road. � CLOSING STATEMENTS BY OBJECTORS Chairma,n Semrow swore in the following Objectors prior to their statements being made. Cindy Anderson 2100 Spring Creek Lane McHenry IL 60050• "I'm for this development. If the Petitioners don't care what the road is zoned—I do care. When I bought my home in 1999 , this land was not designated as future commercial. If the City chooses to zone this roadway CS Highway commercial, it will set a precedent. Prior to buying our home I inquired with the City if there was any plan for cornmercial development here. I was told there was not. Now the Comprehensive Plan is changed and commercial is planned for this area. The light and noise pollution will be evident alI along the roadwav not just at the traffic signal. I would prefer the developers install pine trees along the road in order to properly screen the traffic noise and lights from the adjacent residents." Hernian Kathan,2106 Spring Creek Lane McHenr,y IL 60050• "I agree with Ms. Anderson's statement. There will be too much traffic created by this development. If 25% of the business comes from the McCullom La.ke Road access point, it only stands to reason the traffic on McCullom Lake Road by our house will also increase 25%. The King Farm is agricuhural. I am happy with that. I am not happy with C-5 Commercial Zoning." � Page 8 Z-506/Rubloff-Home Depot 7'/17/00 � CLOSING STATEMENT BY PETITIONERS Attorney Gottemoller summarized the requests for relief before the Board as follows: ■ Z-504: The Petitioners are requesting simple reclassifiication to C-5 Highway Commercial Zoning upon anne�tion to the City of a one-acre pazcel. 'This is a straight-forward request for a map amendment. � Z-505: The Petitioners are requesting reclassification to C-5 Highway Commercial Zoning for the 2.39-acre parcel to be utilized as a roadway access to the shopping center from McCullom Lake Road. As a practical matter, the Petitioners are seeking to annex this land and use it as a roadway. The Petitioner has shown that access to the development is required by both Home Depot and Meijers Store in order for this development to move forward. It is not critical that the property be zoned C-5. It is critical tha.t whatever zoning is granted, a roadway be permitted. • Z-506: The Petitioners aze requesting a conditional use pernut to allow the construction and operation of a Home Depot gazden center with outdoor storage of materials and merchandise. ■ Z-507: The Petitioners are requesting a conditional use permit to allow the construction and operation of a Meijers Store gazden center with outdoor storage of materials and merchandise, a drive-through pharmacy, and an automobile service center. Attorney Gottemoller asked the Board to consider each file number independently. He respectfully asked the Board to make recommendations to the City Council that these Petitions be granted. � Chauman Semrow said, "there being no further testimony befare the Board with regard to this matter, the Board will consider this Petition at this time,unless there is a motion to recess by a member of the Boazd. T'here being no motion to recess,the Chair will entertain a motion with regazd to this Petition." DELIBERATION AND RECOMMENDATION Chairman Semrow asked if the developers would be willing to work with area residents to assure relief from the potential increased traffic irnpact of light and noise.Attorney Gottemoller stated the Petitions would work with Staff and the neighbors to mmn�nize the impact. Howell asked if the developers would consider planting mature pine trees along McCullom Lake Road to assist with screening and buffering. Mr. Loarie responded the developers will work with the City to find an approved landscape plan, including landscaping along McCullom Lake Road. Motion by Lovett, seconded by Cadotte,to recornmend to the City Council tha.t The Petitioner's request for a conditional use pemut to allow the construction and operation of a Home Depot garden center with outdoor storage be granted subject to the berming and landscaping of the west property line to screen the development from adjacent residential properties ;and that Table 31, the Approval Criteria.for Map Amendments,pages 357-358 of the Zoning Ordinance has been met. Voting Aye: Cadotte,Ekstrom, Franzen, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. �-- Abstaining: None. Absent: Meyer. Motion carried 7-0. Page 9 Z-506/Rubloff-Home Depot `,, 7/17/00 ADJOURNMENT Motion by Howell, seconded by Ekstrom, to adjourn the Public Hearing. Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting,: None. Abstaining: None. Absent: None. Motion carried 7-0. The Hearing was adjourned at 10:08 p.m. Respectfully submitted, Harry S ow, Chairman Zoning Boazd of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & � �- Zoning File, Landmark Commission Chairman,Northwest Herald, The Sun, File Copy.Z-506 � ZONING BOARD OF APPEALS JULY 17, 2000 CITY OF MCHENRY � IN THE MATTER OF 'TI�APPLICATION OF ) Z-505 RUBLOFF DEVELOPMENT GROUP AND FIRST ) Rubloff/King MIDWEST'TRUST NO 1972 FOR A ) MAP AMENDMENT UPON ANNEXATION ) 2.39 acre annex PURSUANT TO TI�CITY OF MCHENRY ZOI�iING ) Map amendment ORDINANCE MCHENRY COUNTY,ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on July 17, 2000. Chairma.n Semrow called the meeting to order at 7:35 p.m The following were present: 1. Zoning Board Members:George Cadotte, Paula Ekstrom,Darick Franzen,John Howell,Chuck Lovett, Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Boazd: David W. McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. L- 5. Petitioner: Rubloff Development Group, 2800 West Higgins Road Suite 205, Hoffman Estates IL 60195 represented by James Loarie, Mark Robinson, and Robert Dunning. 6. Attorney for Petitioner: Joseph Gottemoller, 1 North Virginia Street,Crystal Lake, IL 60014. 7. City Council Members/Staff: Aldernian Andrew Glab. 8. Court Reporter:None. 9. Registered Observers/Objectors: Matt Wolter, 2104 Spring Creek Lane, McHenry, IL 60050 Herman and Dorothy Kathan, 2106 Spring Creek Lane, McHenry IL 60050 Cindy Anderson, 2100 Spring Creek Lane, McHenry IL 60050 John Wir£s, 417 Hill Road, McHenry IL 60050 Wayne Meling, 1108 E. Oxford, Arlington Heights, IL 60004 Joan Chase, 128 Crest Avenue, Elk Grove Village, IL 60007 Thomas Hoklas, 2102 Spring Creek Lane, McHenry IL 60050 Kathleen Toms, 2108 Spring Creek Lane, McHenry IL 60050 Martin Stoffel, 4014 W. McCullom Lake Road, McHenry IL 60050 NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on July I, 2000. Publisher's Certificate of `-' Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to abutting property owners. An affida.�it of service via certified mailing is on file in the Of�ce of the City Clerk. Page 2 Z-Sd5/Rubloff-King 7/17/00 � LOCATION The location of the subject property is west of Route 3 l, and connects McCullom Lake Road to State Route 31 through the Mae King Fazm. It is 100' wide and is comprised of approximately 2.39 acres in area. SUMIVIARY The Petitioners aze requesting a map amendment to C-5 Highwa.y Commercial Zoning District upon annexation to the City of McHenry. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: ■ James Loarie, Rubloff Development Group, 2800 W. Higgins Road Suite 205, Hof�inan Estates, IL 60195; ■ Vlark Robinson,Rubloff Development Group, 6277 E. Riverside Blvd, Rockford, IL 61114; ■ Robert Dunning,Rublo�Developmern Group, 6277 E. Riverside Blvd,Rocl�ord,IL 61114; ■ .feffrey Nance, Greenberg Farrow Architecture Engineering Development,3455 Salt Creek Lane, Suite 100, Arlington Heights, IL 60005; ■ Steve Nixon, Woolpert LLP, 409 East Monument Avenue, Dayton, Ohio 45402; ■ Jeff Middlebrook, Meijer Inc., 2929 Walker NW, Grand Rapids, MI 49544; ■ Wayne Mazth,Arcline Associates,Ltd.,3025 Highland Parkway, Suite 140,Downers Grove, IL 60515. �- Attorney Gottemoller opened his testimony by stating presentation would be made regarding City of McHenry Zoning Files: ■ Z-504 RubloffDevelopment Group 1 acre parcel Petitioner requesting C-5 Commercial Zoning upon a.nne�ca,tion to City ■ 7-505 RubloffDevelopment Group/Mae King Farm 2.39 acre parcel for roadway Petitioners requesting C-5 Commercial Zoning upon annexation to City ■ T-506 RubloffDevelopmentlHome Depot Conditional Use Permit: Outside Storage/Garden Center ■ Z-507 Rublo�Development/Meijer Stores Conditional Use Permit: Outside Storage/Garden Center; Auto Service Center; Drive- through Pharn�acy. Attorney Gottemoller noted the testimony reference each individual Petition is inter-related to the other �-' three Petitions. The testimony will therefore be presented as a whole, with independent recommendations for each request. Page 3 Z-505/Rubloff-King 7/17/00 � Z-504 RUBLOFF DEVELOPMENT GROUP ONE-ACRE ANNEXATION WITH MAP AMENDMENT TO GS HIGHWAY COMMERCIAL Mr. Robins��n of RubloffDevelopment Group testified first for the Petitioners. He stated the Petitioners aze requ�sting GS Highway Commercial Zoning for a one acre parcel Iocated on the east side Route 31, as well as a 100-foot wide strip of land, comprised of 2.39 acres, which will be utilized to create a connecting roadway between the proposed Rubloff Development Shopping Center and McC�llom Lake Road. The intent of the Petitioners is to create a second access point to the Shopping Center. The Petitioners would like to obtain City approval so that ground can be broken for the development this Fall. Mr. Rubinson stated the proposed anchors for the development are Kohl's Department Store, Meijer Store,Home Depot, in addition to several other smaller stores currently under negotiation. He stated the demographics study of the azea indicates a great many of the sales tax dollars generated will come from shoppers coming to McHenry from the north. It is anticipated the annual retail sales taxes realized will be appro�cirnately$2,000,000 while annual real estate taxes will exceed$1.75 million. QUESTIONS BY MEMBERS OF THE BOARD In response to Howell's request for clarification, Mr. Middlebrook stated Meijer Stores are upscale grocery stores which provide a large selection of general merchandise,hardware,pharn�aceuticals, etc. They subscribe to the one-stop shopping concept, similar to the Big K, Sam's Club or the lazger WalMart Stores. Cadotte asked for clarification of the proposed development north and south of the proposed roadway connection to McCullom Lake Road. Attomey Gottemoller responded there is not development �- proposed at the preserrt time. However,the City of McHenry Comprehensive Plan indicates commercial development to the north and south of the roadway. He noted only the portion of the Mae King Farm to be utilized as the roadway would be annexed at this time. The roadway will exit onto McCullom Lake Road across from the Olde Mill Ponds Subdivision detention pond, approximately 200' northwest of the King Farm barn on McCullom Lake Road. Attorney Gottemoller stated the one-acre parcel of land which is the subject of file no Z-504 is surrounded by C-5 Highway Commercial Zoning in the City of McHenry. This parcel of land is currently not within the corporate limits. He noted the Comprehensive Plan indicates this property should be developed as part of the commercial corridor of the City. Attorney Gottemoller went over the Approval Criteria for Map Amendments as stated in the Petition with regard to the one-acre pazcel referenced in file no Z-504. Z-505 RUBLOFF DEVELOPMENT GROUP/MAE KING FARM 2.39 ACRE ANNEXATION WITH MAPA AMENDMENT TO C-5 HIGHWAY COMMERCIAL TO BE USED AS ROAD Attorney Gottemoller stated the parcel of land referenced in file no. Z-505 would be utilized as a roadway connection between the proposed Rubloff Development Groups shopping center and McCullom Lake Road. The land is a 100' wide strip consisting of approximately 2.39 acres. Because the road would connect commercial development to McCullom Lake Road, it seems appropriate to request C-5 Comrriercial Zoning. Mr. Gottemoller noted the land north and south of the road will remain agricultural at this time. \.. Attorney Gottemoller went over the Approval Criteria for Ma.p Amendments as stated in the Petition with regard to the 2.39 acre parcel referenced in file no. Z-505. Page 4 Z-505/Rubloff-I�ing 7/17/00 � QUESTIONS BY MEMBERS OF THE BOARD Cha.irman Semrow noted if the majority of the shoppers coming to this center are coming to McHenry from the north as previously stated, how would this roadway be beneficial to the City, Mr. Robinson responded �Iome Depot and Meijer Stores location in this Shopping Center is contingent upon this access point to the center being granted. Mr. Loarie stated the roadway would help with traffic flow in the area anci provide an e�t from the rear of the shopping center onto McCullom Lake Road. This, in turn,would alleviate some traffic congestion on Route 31 which could result from this deveiopment. Howell, referencing the Agenda Supplement, noted Sta�s preference to retain Estate Zoning for the roadway. He asked if the Petitioner would be agreeable to retaining Estate Zaning upon anne�ca.tion of the 2.39 acre parcel. Attorney Gottemoller responded the Petitioner would be agreeable provided there were no complications with pernutting the roadway to be constructed on the Estate Zoned property.It is also impera.tive that trai�c on t�new roadway not be restricted in any way, such as protubiting truck traffic. Cadotte expressed concern regazding the possbility of residents utilizirig the roadway as a cut-through to get to the shopping center from various subdivisions. He stated he could envision residents coming from Lakeland Park through Mill Creek and Olde Mill Ponds to get to the shopping center. This could cause problems with increased tra�ic in residential subdivisions. Meyer opined the traffic at the intersection of McCullom Lake Road and the proposed access roadway could present similar problems to those experiences at the WalMart exist onto McCullom Lake Road. `- Semrow stated Orleans Street has been the subject of Council discussion on vazious occasions and is currently limited as to truck traffic. He opined the proposed roadway could eacacerbate the problems experienced on Orleans Street. Ekstrom asked if there would be left-tum lanes. Mr. Loarie responded the uitersection would be signalized and McC�llom Lake Road would be widened to two through laries and a left turn lane. The signal will be provided at the developer's expense. Lovett inquired as to the hours of operation of Meijer Store. Mr. Middlebrook responded Meijer is a 24-hour/day operation. Lovett asked when deliveries would be made to the Meijer Store. Mr. Middlebrook stated there would be approximately 3-5 deliveries per day via semi truck. 'Three of those deliveries would be made between the hours of 7 a.m. and 10 p.m. with the remainder late at night. Cadotte asked if additional landscaping could be provided to buff+er the residential subdivision from the tra.ffic lights and commercial development. Mr.Loarie stated the developers would meet or exceed all landscape and screening requirements. QUESTIONS BY OBSERVERS AND/QR OBJECTORS Hem�an Kathan.2106 Spring Creek Lar�e:Mr. Kathan asked what will be done to prevent lights shining from traffic on his home which is across McCullom Lake Road from the proposed intersection. He e�ressed concern due to the increased traffic on McCullom Lake Road. Mr. Loarie responded the developers could build a small berm to help shield automobile lights on abutting residences. The developers are aware of the adjacent residential subdivision and aze willing to assure they will not be negatively impacted by the traffic lights. � Matt Wolter, 2104 Spring Creek Lane: Mr. Wolter inquired if the entrance onto McCullom Lake Rod could be moved closer to Petersen Park, i.e. west of the proposed access by the Olde Mill Ponds Page 5 Z-505/Rubloff-King 7/17100 � detention pond. Attorney Gottemoller responded initially the roadway was projected further west. However, land could not be procured west of the proposed site. It would be impossible to relocate the access point further west. Dorothy Kathan,2106 Snring Creek Lane: Ms. Kathan stated her concern regarding potential noise and light pollution, as well as semi-truck traffic on McCullom Lake Road which would be generated as a result of this commercial development. She asked what the developers could do to alleviate these concems. Mr. Loarie responded the light and noise pollution would be addressed through additional Iandscaping which would help to shield the residents. The developers are willing to contract for a landscape architect who will address these issues. He noted when the McCullom Lake Road improvements, the developers will look at ways to buffer the abutting residential properties. Meyer asked if the developers would be willing to restrict the road traffic so that semis aze not permitted. Attorney Gottemoller stated the Petitioners do no want to do anything to restrict the volume of traffic on McCullom Lake Road and/or the roadway e�ension to the rear of the shopping center. If there were some type of volume restriction,it would be impossble to meet traffic warrants for a traffic signal at this location. The installation of a tra$ic signal is vital. Z-506 RUBLOFF DEVELOPMENT GROUP/HOME DEPOT CONDITIONAL USE PERMIT TO ALLOW OUTSIDE STORAGE Mr.Nance testified on behalf of Home Depot. He noted the highest volume of traffic and sales generated by Home Depot is in the spring and summer seasons. The vast amount of remodeling and home improvement projects take place during this time. He informed the Boazd Home Depot specializes in �-- home improvement supplies,lumber and gazdening products,including plantings and other gazden center items. The gazden center requires an open display of seasonal products. The azea of the gazden center seasonal display is approximately 7,000 square feet. Attorney Gottemoller went over the Approval Criteria for Conditional Uses as stated in the Petition regarding the proposed outdoor storage for file no. Z-506. QUESTIONS BY MEMBERS OF THE BOARD Lovett inquired if the conditional use were granted, would Home Depot annually expand its garden center into the pazking lot area?Mr. Nance responded the size of the seasonal display area is adequate for the needs of the store and all outside display and/or storage would be done within the specified area denoted on the site plan. Semrow opined the safety of pedestrian customers is of concern to him as the outside display azea is adjacent to the truck docks for both Home Depot and Meijer Store. While facing the truck docks of both stores toward each other is a good idea, the safety of pedestrian in this area must be addressed. Mr. Nance stated there is an elevation grade change between the outside seasonal display area and the truck docks, which are actually below grade. He does not believe there will be a safety issue. Howell asked if Home Depot would be willing to exceed landscape requirements in order to properly and effectively screen the store from the west property line. Mr. Nance responded in the affirmative. �' Ekstrom inquired if there was an entrance to the Meijer Store in the vicinity of the drive-through pharmacy window. Mr. Middlebrook stated there is no entrance close to the drive-through window. Page 6 Z-505/Rubloff-King 7/17/00 � Z-507 RUBLOFF DEVELUPMENT GROUP/MEIJER STORES CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE, DRIVE-THROUGH PHARMACY, AUTOMOBILE SERVICE STATION Mr. Middlebrook testified on behalf of Meijer Stares. He stated Meijer Stores provide an upscale grocery store which sells groceries, housewazes, gazden center products, soft and hard line general merchandise, small appliances, etc. He noted the building would be constructed of precast concrete. Meijer Stores are requesting a conditional use permit to allow the construction and operation of the following: � Outside storage for the seasonal and garden center goods ■ Drive-through pharmacy ■ Automobile service station. Mr. Middlebrook noted the gazden center sales would take place in the display azea. In respanse to an inquiry, he noted the traffic pattern for the drive-through pharmacy would be in a clockwise direction. Customers would enter the site,pass through the drive-in window and e�t to the right,circulating back to the main entrance onto Route 31. Mr. Middlebrook stated the company anticipates approximately 20 users of the drive-throttgh facility when the store first opens. T'hat number will increase as customers become more adjusted to this newer type service. QUESTIONS BY MEMBERS OF THE BOARD Franzen asked if the azea between Meijers Store and Home Depot could be posted"Do Not Enter"to �- deter traffic from entering the truck dock areas. Mr. Nixon responded there is a 4' grade difference between the drive-through window and the truck loading docks. Mr. Middlebrook stated Meijer would not want to prohiibit those customers who live in Olde Mill Ponds, for instance,from using the secondary access point. If through traffic was prohibited,these residents would not be able to return to their home via the connecting roadway. This would defeat the purpose of the connecting road. Ekstrom asked the width of the alleyway along the west side of the buildings. Mr. Nixon responded it is approximately 20' which is required for emergency access. Lovett inquired if adequate stacking room has been provided for the drive-through pharmacy. Mr.Nixon stated the Petitioner will comply with ordinance requirements. In response to Chairman Semrow's inquiry, Mr. Gottemoller stated the automobile service station/convenient store will be approximately 2,400 square feet in area. The facility will sell propane in addition to gasoline and associated products. Semrow asked if the Petitianer was intending to sell alcohofic beverages. Mr. Middlebrook stated this is not anticipated. Franzen asked if storm water detention areas shown on the site plan would be adequate. Mr. Nu�on stated the project has not been completely engineered at this time. This is a concept plan which is being presented this evening. If greater or more detention areas are needed the developers will comply with what the city specifies. He noted some of the detention azeas shown on the site plan ma.y be dry. � Page 7 Z-505/Rubloff-King 7/17/00 Howell asked if the Petitioner would be willing to exceed the required landscaping to assist in screening � the commercial development from the properties to the west. Mr. Middlebrook responded in the affirmative. In response to Boazd inquiry, Mr. Gottemoller stated the developers will follow all Illinois Envirnmental Protection.Agency requirements regarding the safe storage of gasoline,the installation of tanks, etc. He then went over the Approval Criteria for Conditional Uses as stated in the Petition regarding file no. Z- 507. Chairman Semrow asked the distance between the Mobil Service Station and the proposed Meijer Service Station. Mr. Nixon responded approximately 900-1000 feet. Meyer asked if any variances would be required to accommodate the convenient store. Attorney Gottemoller responded the Petidoners aze not seeking any variance from the code.In response to Board inquiry, it was noted the trash receptacle will be screened at the convenient store/automobile service center. Trash collection will be contained internally at both Home Depot and Meijer Store. Chairinan Semrow asked if the two entries onto Route 31 from the shopping center would be signalized. Attorney Gottemoller responded there would be two traffic signals installed on Route 31, pending Illinois Department of Transportation approvaL Mr.Nixon indicated there would be approximately 660' between the two traffic lights, if approved. It is proposed to improve Route 31 with five traffic lanes: two northbound through lanes, two southbound through lanes, plus a left turn lane. In response to Lovett's inquiry,Mr. Loarie stated approximately 25%of the shopping center business would enter the `-- site from McCullom Lake Road. CLOSING STATEMENTS BY OBJECTORS Chairman Semrow swore in the following Objectors prior to their statements being made. Cindy Anderson, 2100 Spring Creek Lane. McHenry IL 60050: "I'm for this development. If the Petitioners don't caze what the road is zoned—I do care. When I bought my home in 1999 , this land was not designated as future commercial. If the City chooses to zone this roadway CS Highway commercial, it will set a precedent. Prior to buying our home I inquired with the City if there was any plan for commercial development here. I was told there was not. Now the Comprehensive Plan is changed and commercial is planned for this area. The light a.nd noise pollution will be evident all along the roadway not just at the traffic signal. I would prefer the developers install pine trees along the road in order to properly screen the traffic noise and lights from the adjacent residents." Herman Ka.than,2106 Spring Creek Lane, McHenry IL 60050: "I agree with Ms. Anderson's statement. There will be too much traffic created by this development. If 25% of the busmess comes from the McCullom Lake Road access point, it only stands to reason the traffic on McCullom Lake Road by our house will aiso increase 25%. The King Farm is agricuhural. I am happy with that. I am not happy with C-5 Commercial Zoning." � Page 8 Z-505/Rubloff-King 7/17/00 � CLOSIN(� STATEMENT BY PETITIONERS Attorney Crottemoller summarized the requests for relief before the Board as follows: ■ Z-504: The Petitioners are requesting simple reclassification to C-5 Highway Commercial Zoning upon annexation to the City of a one-acre pazcel. This is a straight-forward request for a map amendment. ■ Z-505: The Petitioners aze requesting reclassification to C-5 Highway Commercial Zoning for the 239-acre parcel to be utilized as a roadway access to the shopping center from McCultom Lake Road. As a practical matter, the Petitioners are seeking to annex this land and use it as a roadway. The Petitioner has shown that access to the development is required by both Horne Depot and Meijers Store in order for this development to move forwazd. It is not critical that the property be zoned C-5. It is critical that whatever zoning is granted, a roadway be permitted. ■ Z-506: The Petitioners are requesting a conditional use permit to allow the construction and operation of a Home Depot garden center with outdoor storage of materials and merchandise. ■ Z-507: T'l�Petitioners aze requesting a conditional use permit to allow the const�ruction and operation of a Meijers Store gazden center with outdoor storage of materials and merchandise, a drive-through pharmacy, and an automobile service center. Attorney Gottemoller asked the Board to consider each file number independernly. He respectfully asked the Board to make recommendations to the City Council that these Petitions be granted. �.. Chairnian Semrow said, "there being no further testimony before the Board with regazd to this matter, the Board will consider this Petition at this time, unless there is a motion to recess by a member of the Board. T'here being no motion to recess, the Chair will entertain a motion with regazd to this Petition." DELIBERATION AND RECOMMENDATION Chairman Semrow asked if the developers would be willing to work with azea residents to assure relief from the potential increased traffic irrtpact of light and noise. Attorney Gottemoller stated the Petitions would work with Staffand the neighbors to minuni�.�tlre impact. Howell asked ifthe developers would consider planting mature pine trees along McCullom Lake Road to assist with screening and buffering. Mr. Loarie responded the developers will work with the City to find an approved landscape plan, including landscaping along McCullom Lake Road. Motion by Meyer, seconded by Lovett, to recommend to the City Council that The Petitioner's request for a map amendment to C-5 Highway Commercial Zoning District be granted upon annexa.tion;and that Table 33,the Approval Criteria for Map Amendments,page 401 of the Zoning Ordinance has been met. Voting Aye: Franzen, Howell, Semrow. Voting Nay: Cadotte, Ekstrom, Lovett, Meyer. Not Voting: None. Abstaining: None. `-' Absent: None. Motion failed 3-4. There will be no recommendation to City Council regarding this Petition. Page 9 Z-505/Rubloff-King 7/17/00 � ADJOURNMENT Motion by Howell, seconded by Ekstrom, to adjourn the Public Hearing. Voting Aye: Cadotte, Ekstrom, Franzen, Howell,Lovett,Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The Hearing was adjourned at 10:08 p.m. tfully sub ' d, �� Harly Se , Chairman Zoning Boazd of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman,Northwest Herald, The Sun, File Copy.Z-505 � � ZONING BOARD OF APPEALS JULY 17, Z000 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-504 RUBLOFF DEVELOPMENT GROUP FOR A ) Rubloff MAP AMFNDMENT UPON ANNEXATION ) 1 acre annex PURSUAN T TO THE CITY OF MCHENRY ZONING ) Map amendment ORDINANCE MCHENRY COUNTY,ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on July 17, 2000. Chairman Semrow called the meeting to order at 7:35 p.m. The following were present: 1. Zoning Board Members: George Cadotte,Paula Ekstrom,Darick Franzen, John Howell, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: David W. McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. `-- 5. Petitioner: RubloffDevelopment Group, 2800 West Higgins Road Suite 205, Hoffina.n Estates IL 60195 represented by James Loarie, Mazk Robinson, and Robert Dunning. 6. Attorney for Petitioner: Joseph Gottemaller, 1 North Virginia Street, Crystal Lake, IL 60014. 7. City Council Members/Staff: Alderman Andrew Glab. 8. Court Reporter: None. 9. Registered Observers/Objectors: Matt Wolter, 2104 Spring Creek Lane, McHenry, IL 60050 Herman and Dorothy Kathan, 2106 Spring Creek Lane, McHenry IL 60050 Cindy Anderson, 2100 Spring Creek Lane, McHenry IL 60050 John Wirfs, 417 Hill Road, McHenry IL 60050 Wayne Meling, 1108 E. Oxford, Arlington Heights, IL 60004 Joan Chase, 128 Crest Avenue, Elk Crrove Village, IL 60007 Thomas Hoklas, 2102 Spring Creek Lane, McHenry IL 60050 Kathleen Toms, 2108 Spring Creek Lane, McHenry IL 60050 Martin Stoffel, 4014 W. McCullom Lake Road, McHenry IL 60050 NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on Juiy 1, 2000. Publisher's Certificate of � Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to abutting property owners. An a�davit of service via certified mailing is on file in the Of�ce of the City Clerk. Page 2 Z-504/Rubloff 7/17/00 �,. LOCATION The location of the subject property is east of Route 31, surrounded by the City of McHenry, is comprised of approximately one acre in area. SUMMARY The Petitioners a.re requesting a map amendment to C-5 Highway Commercial Zoning District upon anne�tion to the City of McHeruy. TESTIMONY Chairma.n Semrow swore in the following witnesses for the Petitioners: ■ James Loarie, Rubloff Development Group, 2840 W. Higgins Road Suite 205, Ho8'man Estates, IL 60195; ■ Mark Robinson,Rubloff Development Group,6277 E. Riverside Blvd,Rockford, IL 61114; ■ Robert Dunning,RubloffDevelopment Group, 6277 E. Riverside Blvd,Rockford,IL 61114; ■ Jeffrey Nance, Greenberg Farrow Architecture Engineering Development, 3455 Sah Creek Lane, Suite 100, Arlington Heights, IL 60005; ■ Steve Nixon, Woolpert LLP, 409 East Monument Avenue, Dayton, Ohio 45402; ■ Jeff Middlebrook, Meijer Inc., 2929 Walker NW, Grand Rapids, MI 49544; ■ Wayne Marth,Arcline Associates, Ltd.,3025 Highland Parkway, Suite 140,Downers Grove, IL 60515. Attorney Gottemoller opened his testimony by stating presentation would be made regarding City of �.. McHenry Zoning Files: ■ Z-504 Rubloff Development Group 1 acre parcel Petitioner requesting C-5 Commercial Zoning upon annexation to City � Z-505 RubloffDevelopment Group/Mae King Farm 2.39 acre pazcel for roadway Petitioners requesting C-5 Commercial Zoning upon annexation to City • Z-506 RubloffDevelopment/Home Depot Conditional Use Permit: Outside Storage/Gazden Center ■ Z-507 RubloffDevelopment/Meijer Stores Conditional Use Permit: Outside Storage/Garden Center; Auto Service Center; Drive- through Pharmacy. Attorney Gottemoller noted the testnriony reference each individual Petition is inter-related to the other `' three Petitions. The testimony will therefore be presented as a whole, with independent recommendations for each request. Page 3 Z-504lRubloff 7/17/00 �, Z-5Q4 RUBLOFF DEVELOPMENT GROUP ONE-ACRE ANNEXATION WITH MAP AMENDMENT TO C-5 HIGHWAY COMMERCIAL Mr. Robinson of RubloffDevelopment Group testified first for the Petitioners. He stated the Petitioners are requesting C-5 Highway Commercial Zoning for a one acre parcel located on the east side Route 31, as well as a 100-foot wide strip of land, comprised of 2.39 acres, which will be utilized to create a connecting roadway between the proposed RubloffDevelopment Shopping Center and McCullom Lake Road. The intent of the Petitioners is to create a second access point to the Shopping Center. The Petitioners would like to obtain City approval so that ground can be broken for the development this Fall. Mr. Robinson stated the proposed anchors for the development are Kohl's Department Store, Meijer Store,Home Depot, in addition to several other smaller stores currently under negotiation. He stated the demographics study of the area indicates a great many of the sales t�dollars generated will come from shoppers coming to McHenry from the north. It is anticipated the annual retail sales t�es realized will be approximately$2,000,000 while annual real estate taxes will exceed $1.75 million. QUESTIONS BY MEMBERS OF THE BOARD In response to Howell's request for clarification, Mr. Middlebrook stated Meijer Stores are upscale grocery stores which provide a large selection of general merchandise,hardware,pharmaceuticals, etc. They subscribe to the one-stop shopping concept, similar to the Big K, Sam's Club or the larger Wa1Mart Stores. Cadotte asked for clarification of the proposed development north and south of the proposed roadway connection to McCullom Lake Road. Attorney Gottemoller responded there is not development �. proposed at the present tnne. However,the City of McHenry Comprehensive Plan indicates commercial development north and south of the roadway. He noted only the portion of the Mae King Farm to be utilized as the roadway would be annexed at this time. The roadway will exit onto McCullom Lake Road across from the Olde Mill Ponds Subdivision detention pond, approximately 200' northwest of the King Farm barn on McCullom Lake Road. Attorney C�ottemoller stated the one-acre parcel of iand which is the subject of file no Z-504 is surrounded by C-5 Highway Commercial Zoning in the City of McHerny. This parcel of land is currently not within the corporate limits. He noted the Comprehensive Plan indicates this property should be developed as part of the commercial corridor of the City. Attorney Gottemoller went over the Approval Criteria for Map Amendments as stated in the Petition with regazd to the one-acre pazcel referenced in file no Z-504. Z-505 RUBLOFF DEVELOPMENT GROUP/MAE KING FA,RM 2.39 ACRE ANNEXATION WITH MAPA AMENDMENT TO C-5 HIGHWAY COMMERCIAL TO BE USED AS ROAD Attorney Gottemoller stated the parcel of land referenced in file no. Z-505 would be utilized as a roadway connection between the proposed Rubloff Development Groups shopping center and McCullom Lake Road. The land is a 100' wide strip consisting of approximately 2.39 acres. Because the road would connect commercial development to McCullom Lake Road, it seems appropriate to request C-5 Corrnr�ercial Zoning. Mr. Gottemoller noted the land north and south of the road will remain agricultural at this time. � Attorney Gottemoller went over the Approval Criteria for Map Amendments as stated in the Petition with regard to the 2.39 acre parcel referenced in file no. Z-505. Page 4 Z-504/Rubloff 7/17/00 � 4UE5TIONS BY MEMBERS OF THE BOARD Chairman Semrow noted if the majority of the shoppers coming to this center are coming to McHenry from the north as previously stated, how would this roadway be beneficial to the City. Mr. Robinson responded Home Depot and Meijer Stores location in this Shopping Center is contingent upon this access point to the center being granted. Mr. Loazie stated the roadway would help with traffic flow in the area and provide an exit from the rear of the shopping center onto McCullom Lake Road. This, in turn, would alleviate some traffic congestion on Route 31 which could result from this development. Howell,referencing the Agenda Supplement, noted Staff's preference to retain Estate Zoning for the roadway. He asked if the Petitioner would be agreeable to retaining Estate Zoning upon anne�tion of the 2.39 acre parcel. Attorney Gottemoller responded the Petitioner would be agreeable provided there were no complications with permitting the roadway to be constructed on the Estate Zoned property. It is also imperative that traffic on the new roadway not be restricted in any way, such as prohibiting truck traffic. Cadotte expressed concern regazding the possbility of residents utilizing the roadway as a cut-through to get to the shopping center from various subdivisions. He stated he could envision residents coming from Lakeland Park through Mill Creek and Olde Mill Ponds to get to the shopping center. This could cause problems with increased traffic in residential subdivisions. Meyer opined the traffic at the intersection of McCullom Lake Road and the proposed access roadway could present similaz problems to those experiences at the WalMart exist onto McCullom Lake Road. `.- Semrow stated Orleans Street has been the subject of Council discussion on various occasions and is currently limited as to truck traffic. He opined the proposed roadway could exacerbate the problems experienced on Orleans Street. Ekstrom asked if there would be left-turn lanes. Mr. Loarie responded the intersection would be s�ali�ed and McCullom Lake Road would be widened to two through lanes and a Ieft turn lane. The signal will be provided at the developer's expense. Lovett inquired as to the hours of operation of Meijer Store. Mr. Middlebraok responded Meijer is a 24-hour/day operation. Lovett asked when deliveries would be made to the Meijer Store. Mr. Middlebrook stated there would be approximately 3-5 deliveries per day via semi truck. Three of those deliveries would be made between the hours of 7 a.m. and 10 p.m. with the remainder late at night. Cadotte asked if additionallandscaping could be provided to buffer the residential subdivision from the traffc lights and commercial development. Mr. Loarie stated the developers would meet or exceed alt landscape and screening requirements. QUESTIONS BY OBSERVERS AND/OR OBJECTORS Herman Kathan, 2106 Spring Creek Lane:Mr. Kathan asked what will be done to prevent lights shining from traffic on his home which is across McCullom Lake Road from the proposed intersection. He expressed concern due to the increased traffic on McCullom Lake Road. Mr. Loarie responded the developers could build a small berm to help shield automobile lights on abutting residences. The developers are aware of the adjacent residential subdivision and aze willing to assure they will not be negatively impacted by the traffic lights. � Matt Wolter, 2104 Sprin� Creek Lane: Mr. Wolter inquired if the entrance onto McCullom Lake Rod could be moved closer to Petersen Park, i.e. west of the proposed access by the Olde Mili Ponds Page 5 Z-504/Rubloff 7/17/00 � detention pond. Attorney Gottemoller responded initially the roadway was projected further west. However, land could not be procured west of the proposed site. It would be impossible to relocate the access point further west. Dorothv Kathan,2106 S,pring Creek Lane• Ms. Kathan stated her concern regarding potential noise and light pollution, as well as semi-truck traffic on McCullom Lake Road which would be generated as a result of this commercial development. She asked what the developers could do to alleviate these concerns. Mr. Loarie responded the light and noise pollution wouid be addressed through additional landscaping which would help to shield the residents. The developers are willing to contract for a landscape architect who will address these issues. He noted when the McCullom Lake Road improvements, the developers will look at ways to buffer the abutting residential properties. Meyer asked if the developers would be willing to restrict the road traffic so that semis aze not pemutted. Attorney Gottemoller stated the Petitioners do no want to do anything to restrict the volume of traffic on McCullom Lake Road and/or the roadwa.y extension to the rear of the shopping center. If there were some type of volurrie restriction, it would be im�ossble to meet traffic wazrants for a traffic signal at this location. The installation of a traffic signal is vital. Z-506 RUBLOFF DEVELOPMENT GROUP/HOME DEPOT CONDITIONAL USE PERMIT TO ALLOW OUTSIDE STORAGE Mr.Nance testified on behalf of Home Depot. He noted the highest volume of traffic and sales generated by Home Depot is in the spring and summer seasons. The vast amount of remodeling and home improvement projects take place during this time. He informed the Board Home Depot specializes in `-- home improvement supplies,lumber and gazdening products,inctuding plantings and other gazden center items. The gazden center requires an open display of seasonal products. The area of the garden center seasonal display is approximately 7,000 square feet. Attorney Gottemoller went over the Approval Criteria for Conditiona.l Uses as stated in the Petition regazding the proposed outdoor storage for file no. Z-506. QUESTIONS BY MEMBERS OF THE BOARD Lovett inquired if the conditional use were granted, would Home Depot annually e�cpand its gazden center into the parking lot area?Mr.Nance responded the size of the seasonal display azea is adequate for the needs of the store and all outside display and/or storage would be done within the specified azea denoted on the site plan. Semrow opined the safety of pedestrian customers is of concern to him as the outside display area is adjacent to the truck docks for both Home Depot and Meijer Store. While facing the truck docks of both stores toward each other is a good idea, the safety of pedestrian in this area must be addressed. Mr. Nance stated there is an elevation grade change between the outside seasonal display area and the truck docks, which are actually below grade. He does not believe there will be a safety issue. Howell asked if Home Depot would be will'vng to exceed landscape requirements in order to properly and effectively screen the store from the west property line. Mr. Nance responded in the affun�ative. `' Ekstrom inquired if there was an entrance to the Meijer Store in the viciniTy of the drive-through ghazmacy window. Mr. Middlebrook stated there is no entrance close to the drive-through window. Page 6 Z-504/Rubloff 7/17/04 � Z-507 RUBLOFF DEVELOPMENT GROUP/MEIJER STORES CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE, DRIVE-THROUGH PHARMACY, AUTOMOBILE SERVICE STATION Mr. Middlebrook testified on behalf of Meijer Stores. He stated Meijer Stores provide an upscale grocery store which sells groceries, housewares, garden center products, soft and hard line general merchandise, small appliances, etc. He noted the building would be constructed of precast concrete. Meijer Stores are requesting a conditional use permit to allow the construction and operation of the following: ■ �utside storage for the seasonal and gazden center goods ■ Drive-throu�h pharmacy ■ Automobile service station. Mr. Middlebrook noted the garden center sales would take place in the display area. In response to an inquiry, he noted the traffic pattern for the drive-through pharmacy would be in a clockwise direction. Customers would enter the site,pass through the drive-in window and exit to the right, circulating back to the main entrance onto Route 31. Mr. Middlebrook stated the company anticipates approximately 20 users of the drive-through facility when the store first opens. That number will increase as customers become more adjusted to this newer type service. 4UESTIONS BY MEMBERS OF THE BOARD Franzen asked if the area between Meijers Store and Home Depot could be posted"Do Not Enter"to �. deter traffc from entering the truck dock areas. Mr. Nixon responded there is a 4' grade difference between the drive-through window and the truck loading docks. Mr. Middlebrook stated Meijer would not want to prolubit those customers who live in Olde Mill Ponds,for instance, from using the secondary access point. If through traffic was prolubited,these residents would not be able to return to their home via the connecting roadway. This would defeat the purpose of the connecting road. Ekstrom asked the width of the alleyway along the west side of the buildings. Mr. Nixon responded it is approximately 20' which is required for emergency access. Lovett inquired if adequate stacking room has been provided for the drive-through pharn�acy. Mr.Nixon stated the Petitioner will comply with ordinance requirements. In response to Chairn�an Semrow's inquiry, Mr. Gottemoller stated the automobile service station/convenient store will be approximately 2,400 square feet in area. The facility wiii sell propane in addition to gasoline and associated products. Semrow asked if the Petitioner was intending to sell alcoholic beverages. Mr. Middlebrook stated this is not anticipated. Franzen asked if storm water detention areas shown on the site plan would be adequate. Mr. Nixon stated the project has not been completely engineered at this time. This is a concept plan which is being presented this evening. If greater or more detention azeas are needed the developers will comply with what the city specifies. He noted some of the detention azeas shown on the site plan may be dry. � Page 7 Z-504/Rubloff 7/17/00 Howell asked if the Petitioner would be willing to exceed the required landscaping to assist in screening � the commc�rcial development from the properties to the west. Mr. Middlebrook responded in the af�irmative. In response to Board inquiry, Mr. Gottemoller stated the developers will follow all Illinois Envirnmental Protection Agency requirements regazd'mg the safe storage of gasoline,the installation of tanks, etc. He then went over the Approval Criteria for Conditiona.l Uses as stated in the Petition regarding file no. Z- 507. Chairman Semrow asked the distance between the Mobil Service Station and the proposed Meijer Service Station. Mr. Nixon responded approximately 900-1000 feet. Meyer asked if any variances would be required to accommodate the convenient store. Attorney Gottemoller responded the Petitioners are not seeking any variance from the code. In response to Board inquiry, it was noted the trash receptacle will be screened at the convenient store/automobile service center. Trash collection will be contained internally at both Home Depot and Meijer Store. Chairman Semrow asked if the two entries onto Route 31 from the shopping center would be signalized. Attorney Gottemoller responded there would be two traffic signals installed on Route 31, pending Illin.ois Department of Transportation approvaL Mr. Nixon indicated there would be approximately 660' between the two traffic lights, if approved. It is proposed to improve Route 31 with five traffic lan�s: two northbound through lanes, two southbound through lanes, plus a left turn lane. In response to Lovett's inquiry,Mr. Loarie stated approxunately 25%of the shopping center business would enter the � site from McCullom Lake Road. CLOSING STATEMENTS BY OBJECTORS Chairman Semrow swore in the following Objectors prior to their statements being made. Cind,�Anderson, 2100 Spring Creek Lane McHenry IL 60050• "I'm for this development. If the Petitioners don't care what the road is zoned—I do care. When I bought my home in 1999 , this land was not designated as future commercial. If the City chooses to zone this roadway CS Highway commercial, it wili set a precedent. Prior to buying our home I inquired with the City if there was any plan for commercial development here. I was told there was not. Now the Comprehensive Plan is changed and commercial is planned for this azea. The light and noise pollution will be evident all along the roadway not just at the traffic signal. I would prefer the developers install pine trees along the road in order to properly screen the traffic noise and lights from the adjacent residents." Herman Kathan.2106 5��;Creek Lane McHenrY IL 60050• "I agree with Ms. Anderson's statement. There will be too much traffic created by this development. If 25% of the business comes from the McCullom Lake Road access pourt,it only stands to reason the traffic on McCullom Lake Road by our house wiil also increase 25%. The King Farm is agricultural.I am happy with that. I am not happy with C-5 Commercial Zoning." � Page 8 Z-504/Rubloff 7/17/00 � CLOSINt� STATEMENT BY PETITIONERS Attorney C�ottemoller summarized the requests for relief before the Board as follows: ■ Z-504: The Petitioners are requesting simple reclassification to C-5 Highway Commercial Zoning upon annexation to the City of a one-acre pazcel. This is a straight-forward request for a map amendment. ■ Z-505: The P�titioners are requesting reclassification to C-5 Highway Commercial Zoning for the 2.39-acre parcel to be utilized as a roadway access to the shopping center from McCullom Lake Road. As a practical ma#er,the Petitioners aze seeking to annex this land and use it as a roadway. The Petitioner has shown that access to the development is required by both Home Depot and Meijers Store in order for this development to move forward. It is not critical that the property be zoned C-5. It is critical that whatever zoning is granted, a roadway be pernutted. ■ Z-506: The Petitioners are requesting a conditional use pernut to allow the construction and operation of a Home Depot garden center with outdoor storage of materials and merchandise. ■ Z-507: The Petitioners are requesting a conditional use permit to allow the construction and operation of a Meijers Store garden center with outdaor storage of materials and merchandise, a drive-through pharmacy, and an automobile service center. Attorney Gottemoller asked the Board to consider each file number independerrtly. He respectfully asked the Boazd to make recommendations to the City Council that these Petitions be granted. �... Cha.irman Semrow said, "there being no further testimony before the Board with regard to this matter, the Board will consider this Petition at this time, unless there is a motion to recess by a member of the Board. T'here being no motion to recess,the Cha,ir will entertain a motion with regazd to this Petition." DELIBERATION AND itECOMMENDATION Chairman Semrow asked if the developers would be willing to work with area residents to assure relief from the potential increased traffic impact of light and noise. Attorney Gottemoller stated the Petitions would work with Staffand the neighbors to minimi�e the impact.Howell asked ifthe developers would consider planting mature pine tr�s along McCullom Lake Road to assist with screening and buffering. Mr. Loarie responded the developers will work with the City to find an approved landscape plan, including landscaping along McCullom Lake Road. Motion by Meyer, seconded by Lovett, to recommend to the City Council that The Petitioner's request for a map amendment to GS Highway Commercial Zoning District be granted upon annexation;and that Table 33,the Approval Criteria for Map Atnendments,page 401 of the Zoning Ordinance has been met. Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: Nane. Abstaining: None. �-- Absent: Meyer. Motion carried 7-0. Page 9 Z-504/Ruhlo� 7/17/00 � ADJOURKMENT Motion by Howell, seconded by Ekstrom, to adjourn the Public Hearing. Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The Hearing was adjourned at 10:08 p.m. Res ctfully submitted, Harry Se w, Chairman Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman,Northwest Herald, The Sun, File Copy.Z-504 � �